It is essential to every business relationship that the parties keep to their contracts.  There are many types of contracts, but no matter the content, it will probably be vitally important for your business to protect its interests with the people and parties with whom it contracts.

Although different situations may occur, in general a claim for breach of contract in New York requires the injured person or business to prove that the agreement or contract exists, that the injured party performed or was ready to perform, that the defendant breached the contract, and that real damages were sustained as a result of the breach.

One of the most common forms of contract is a contract for the sale of goods.  The law of these contracts is generally contained in Article 2 of the Uniform Commercial Code.  The Code contains the law for many issues that arise in sales contracts, including nonconforming goods, different forms, statute of frauds, risk of loss, good faith, shipping, breach of contract, and rightful rejection of goods.  The law is often complicated and it is a good idea to consult with an attorney about your rights when a contract has been breached.

Additionally, breach of contract claims can often involve business and parties existing in different states.  It is often necessary to bring an action in another state or in federal court using diversity jurisdiction (diversity jurisdiction means a case can be brought in federal court if the parties are from different states).  If you want to sue a party that does business in another state, it is often a good idea to explore the option of suing in federal court or in their home state.  An attorney can help you make this decision.  On significant contract cases I have appeared in other states for my client.  I am a person who does federal litigation in diversity cases whose dollar value is in excess of $75,000.00.

It is important to speak to an experienced attorney to protect your business interests.  In addition to handling claims in New York, Manuel Moses, Esq. has been admitted pro hoc vici (meaning temporarily admitted for the purpose of single cases) in Puerto Rico, Florida and Illinois and additionally is admitted to practice in Federal Courts of the Southern District of New York, the Eastern District of New York and the United States Court of Appeals for the Second Circuit.  You may contact Manuel Moses for a free consultation 212-736-2624, extension 11

Disclaimer: Nothing on this page constitutes formal legal advice and you are strongly urged to consult a lawyer about your injury and potential law suit.

Contracts was originally published on Manuel Moses – Personal Injury Attorney NYC